Commission Regulation (EU) No 748/2012 of 3 August 2012 laying down implementing rules for the airworthiness and environmental certification of aircraft and related products, parts and appliances, as well as for the certification of design and production organisations (recast) (Text with EEA relevance)
EU Regulation No 748/2012 · Adopted 3 August 2012 · Extends to United Kingdom
Commission Regulation (EU) No 748/2012
of 3 August 2012
laying down implementing rules for the airworthiness and environmental certification of aircraft and related products, parts and appliances, as well as for the certification of design and production organisations
(recast)
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EC) No 216/2008 of the European Parliament and of the Council of 20 February 2008 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency, and repealing Council Directive 91/670/EEC, Regulation (EC) No 1592/2002 and Directive 2004/36/ECf1, and in particular Articles 5(5) and 6(3) thereof,
Whereas:
(1)
Commission Regulation (EC) No 1702/2003 of 24 September 2003 laying down implementing rules for the airworthiness and environmental certification of aircraft and related products, parts and appliances, as well as for the certification of design and production organisationsf2 has been substantially amended several timesf3. Since further amendments are to be made, it should be recast in the interests of clarity.
(2)
Regulation (EC) No 216/2008 establishes common essential requirements to provide for a high uniform level of civil aviation safety and environmental protection. It requires the Commission to adopt the necessary implementing rules to ensure their uniform application. It establishes the ‘European Aviation Safety Agency’ (hereinafter referred to as the ‘Agency’) to assist the Commission in the development of such implementing rules.
(3)
It is necessary to lay down common technical requirements and administrative procedures to ensure the airworthiness and environmental compatibility of aeronautical products, parts and appliances, subject to Regulation (EC) No 216/2008. Such requirements and procedures should specify the conditions to issue, maintain, amend, suspend or revoke the appropriate certificates.
(4)
Organisations involved in the design and production of products, parts and appliances should be required to comply with certain technical requirements in order to demonstrate their capability and means to discharge their obligations and associated privileges. The Commission is required to lay down measures to specify conditions to issue, maintain, amend, suspend or revoke certificates attesting such compliance.
(5)
In laying down measures for the implementation of common essential requirements in the field of airworthiness, the Commission must take care that they reflect the state of the art and the best practices, take into account worldwide aircraft experience and scientific and technical progress and allow for immediate reaction to established causes of accidents and serious incidents.
(6)
The need to ensure uniformity in the application of common airworthiness and environmental requirements for aeronautical products, parts and appliances requires that common procedures be followed by the competent authorities of the Member States and, where applicable, the Agency to assess compliance with these requirements. The Agency should develop certification specifications and guidance material to facilitate the necessary regulatory uniformity.
(7)
It is necessary to recognise the continuing validity of certificates issued before the entry into force of Regulation (EC) No 1702/2003, in accordance with Article 69 of Regulation (EC) No 216/2008.
(8)
In order to maintain a high uniform level of aviation safety in Europe, it is necessary to introduce changes to requirements and procedures for the certification of aircraft and related products, parts and appliances and of design and production organisations, in particular to elaborate the rules related to the demonstration of compliance with the type-certification basis and environmental protection requirements and to introduce the possibility to choose to comply with later standards for changes to type-certificates.
(9)
The concept and complexity of auxiliary power units (APU) resembles that of aircraft engines and in some cases APU designs are even derived from engine designs. Changes to provisions for repairs to APU are therefore needed to restore consistency with repairs process to engines.
(10)
In order to subject non-complex motor-powered aircraft, recreational aircraft and related products, parts and appliances to measures that are proportionate to their simple design and type of operation, while maintaining a high uniform level of aviation safety in Europe, it is necessary to introduce changes to requirements and procedures for the certification of those aircraft and related products, parts and appliances and of design and production organisations and in particular, for the owners of European Light Aircraft below 2 000 kg (ELA2) or below 1 200 kg (ELA1), to introduce the possibility to accept certain not safety critical parts for installation without an EASA Form 1.
(11)
The Agency prepared draft implementing rules and submitted them as opinions No 01/2009 on ‘Possibility to deviate from airworthiness code in case of design changes’, No 02/2009 on ‘Repair and design changes to European Technical Standard Order’, No 01/2010 on ‘SubPart J DOA’ and Opinion No 01/2011 on ‘ELA Process and “standard changes and repairs”’ to the Commission in accordance with Article 19(1) of Regulation (EC) No 216/2008.
(12)
The measures provided for in this Regulation are in accordance with the opinion of the European Aviation Safety Agency Committee established by Article 65(1) of Regulation (EC) No 216/2008,
HAS ADOPTED THIS REGULATION:
Annotations to the whole text
Footnotes
- f1
- f2
- f3
-
See Annex II.
Contents
- 1Scope and definitions
- 2Products, parts and appliances certification
- 3Continued validity of type-certificates and related certificates of airworthiness
- 4Continued validity of supplemental type-certificates
- 5Continued operation of certain aircraft registered by Member States Repealed
- 6Continued validity of parts and appliances certificates
- 7Permit to fly
- 7aOperational suitability data
- 8Design organisations
- 9Production organisations
- 10CAA measures
- 11Repeal
- 12Entry into force
- Signature
- Annex I: PART 21
- 21.1General
- TECHNICAL REQUIREMENTS
- GENERAL PROVISIONS
- 21.A.1Scope
- 21.A.2Undertaking by another person than the applicant for, or holder of, a certificate
- 21.A.3AReporting system
- Airworthiness directives
- (a)Division (a)
- (b)The CAA shall issue an airworthiness directive when:
- (c)When an airworthiness directive has to be issued by the CAA to correct the unsafe condition referred to in point (b), or to require the performance of an inspection, the holder of the type-certificate, restricted type-certificate, supplemental type-certificate, major repair design approval, UKTSO authorisation or any other relevant approval deemed to have been issued under this Regulation, shall:
- (d)An airworthiness directive shall contain at least the following information:
- 21.A.4Coordination between design and production
- 21.A.5Record keeping
- 21.A.6Manuals
- 21.A.7Instructions for continued airworthiness
- 21.A.8Access and investigation
- TYPE-CERTIFICATES AND RESTRICTED TYPE-CERTIFICATES
- 21.A.11Scope
- 21.A.13Eligibility
- Demonstration of capability
- (a)Division (a)
- (b)By way of derogation from point (a), as an alternative procedure to demonstrate its capability, an applicant may seek the agreement of the CAA for the use of procedures setting out the specific design practices, resources and sequence of activities necessary to comply with this Annex I (Part 21), when the product is one of the following:
- (c)By way of derogation from point (a), an applicant may demonstrate its capability by obtaining the CAA's acceptance of its certification programme established in accordance with point 21.A.15(b), where the product to be certified is:
- Application
- (a)Division (a)
- (b)An application for a type-certificate or restricted type-certificate shall include, as a minimum, preliminary descriptive data of the product, the intended use of the product and the kind of operations for which certification is requested. In addition, it shall include, or be supplemented after the initial application, by a certification programme for the demonstration of compliance in accordance with point 21.A.20, consisting of:
- (c)Division (c)
- (d)Division (d)
- (e)Division (e)
- (f)In the case where a type-certificate or restricted type-certificate has not been issued, or it is evident that it will not be issued, within the time limit provided for in point (e), the applicant may:
- 21.A.16ACertification specifications Repealed
- 21.A.16BSpecial conditions Repealed
- Type-certification basis Repealed
- (a)The type-certification basis to be notified for the issuance of a type-certificate or a restricted type-certificate shall consist of: Repealed
- (b)Division (b) Repealed
- (c)In the case where a type-certificate has not been issued, or it is clear that a type-certificate will not be issued, within the time limit established under point (b), the applicant may: Repealed
- (d)Division (d) Repealed
- 21.A.17BOperational suitability data certification basis Repealed
- Designation of applicable environmental protection requirements and certification specifications Repealed
- (a)The applicable noise requirements for the issue of a type certificate for an aircraft are prescribed according to the provisions of Chapter 1 of Annex 16, Volume I, Part II to the Chicago Convention and: Repealed
- (b)The applicable emission requirements for the issue of a type-certificate for an aircraft and engine are prescribed in Annex 16 to the Chicago Convention: Repealed
- (c)Division (c) Repealed
- 21.A.19Changes requiring a new type-certificate
- 21.A.20Demonstration of compliance with the type certification basis, operational suitability data certification basis and environmental protection requirements
- 21.A.21Requirements for the issuance of a type certificate or restricted type certificate
- 21.A.23Issue of a restricted type-certificate Repealed
- Type design
- (a)The type design shall consist of:
- (b)Division (b)
- 21.A.33Inspections and tests
- Flight Tests
- (a)Division (a)
- (b)The applicant shall make all flight tests that the CAA finds necessary:
- (c)Division (c)
- (d)Division (d)
- (e)Division (e)
- (f)The flight tests prescribed in point (b)(2) shall include:
- 21.A.41Type-certificate
- 21.A.44Obligations of the holder
- 21.A.47Transferability
- Duration and continued validity
- (a)A type-certificate and restricted type-certificate shall be issued for an unlimited duration. They shall remain valid subject to:
- (b)Division (b)
- 21.A.55Record-keeping
- 21.A.57Manuals
- Instructions for continued airworthiness
- . . . . . . . . . . . . . . . . . . . . . . . . . Division . . . . . . . . . . . . . . . . . . . . . . . . .
- Division
- 21.A.62Availability of operational suitability data
- 21.A.65Continuing structural integrity for aeroplane structures
- (SUBPART C — NOT APPLICABLE)
- CHANGES TO TYPE-CERTIFICATES AND RESTRICTED TYPE-CERTIFICATES
- 21.A.90AScope
- Standard changes
- (a)Standard changes are changes to a type-certificate:
- (b)Division (b)
- 21.A.90CStand-alone changes to the instructions for continued airworthiness
- 21.A.91Classification of changes to a type-certificate
- 21.A.92Eligibility
- 21.A.93Application
- 21.A.95Requirements for approval of a minor change
- 21.A.97Requirements for approval of a major change
- 21.A.101Type-certification basis, operational suitability data certification basis and environmental protection requirements for a major change to a type-certificate
- 21.A.103Issue of approval Repealed
- 21.A.105Record-keeping
- Instructions for continued airworthiness
- . . . . . . . . . . . . . . . . . . . . . . . . . Division . . . . . . . . . . . . . . . . . . . . . . . . .
- 21.A.108Availability of operational suitability data
- 21.A.109Obligations and UKPA marking
- SUPPLEMENTAL TYPE-CERTIFICATES
- 21.A.111Scope
- 21.A.112AEligibility
- Demonstration of capability
- (a)Division (a)
- (b)Division (b)
- (c)Division (c)
- Application for a supplemental type-certificate
- (a)Division (a)
- (b)When applying for a supplemental type-certificate, the applicant shall:
- (c)Division (c)
- 21.A.114Showing of compliance Repealed
- 21.A.115Requirements for approval of major changes in the form of a supplemental type-certificate
- 21.A.116Transferability
- Changes to that part of a product covered by a supplemental type-certificate
- (a)Division (a)
- (b)Division (b)
- (c)Division (c)
- 21.A.118AObligations and UKPA marking
- Duration and continued validity
- (a)A supplemental type-certificate shall be issued for an unlimited duration. It shall remain valid subject to:
- (b)Division (b)
- 21.A.119Manuals
- Instructions for continued airworthiness
- . . . . . . . . . . . . . . . . . . . . . . . . . Division . . . . . . . . . . . . . . . . . . . . . . . . .
- (b)Division (b)
- 21.A.120BAvailability of operational suitability data
- PRODUCTION WITHOUT PRODUCTION ORGANISATION APPROVAL
- Scope
- (a)Division (a)
- (b)Division (b)
- 21.A.122Eligibility
- Application
- (a)Division (a)
- (b)Such application shall contain:
- Means of compliance
- (a)Division (a)
- (b)Division (b)
- 21.A.125AIssue of a letter of agreement
- Findings and observations
- (a)After receipt of the notification of findings pursuant to point 21.B.125, the holder of a letter of agreement must, within the period agreed with the CAA:
- (b)Division (b)
- Duration and continued validity
- (a)The letter of agreement must state the period of time for which it is issued, which must not exceed one year. It remains valid subject to the following conditions:
- (b)Division (b)
- Production inspection system
- (a)The production inspection system required under point 21.A.125A(a) shall provide a means for determining that:
- (b)The production inspection system required by point 21.A.125A(a), shall also be such as to ensure that:
- Tests: aircraft
- (a)Division (a)
- (b)Each production test procedure shall include at least the following:
- 21.A.128Tests: engines and propellers
- 21.A.129Obligations of the manufacturer
- Statement of conformity
- (a)Division (a)
- (b)A statement of conformity shall include all of the below:
- (c)Each manufacturer of such a product, part or appliance shall:
- (d)Division (d)
- PRODUCTION ORGANISATION APPROVAL
- 21.A.131Scope
- 21.A.133Eligibility
- 21.A.134Application
- 21.A.134AMeans of compliance
- 21.A.135Issue of production organisation approval
- 21.A.139Production management system
- 21.A.143Exposition
- 21.A.145Resources
- Changes to the approved production organisation
- (a)Division (a)
- (b)Division (b)
- 21.A.148Changes of location
- 21.A.149Transferability
- 21.A.151Terms of approval
- 21.A.153Changes to the terms of approval
- 21.A.157Investigations
- 21.A.158Findings and observations
- 21.A.159Duration and continued validity
- 21.A.163Privileges
- 21.A.165Obligations of the holder
- CERTIFICATES OF AIRWORTHINESS AND RESTRICTED CERTIFICATES OF AIRWORTHINESS
- 21.A.171Scope
- 21.A.172Eligibility
- 21.A.173Classification
- Application
- (a)Division (a)
- (b)Each application for a certificate of airworthiness or restricted certificate of airworthiness shall include:
- (c)Division (c)
- 21.A.175Language
- 21.A.177Amendment or modification
- Transferability and re-issuance ...
- (a)Division (a)
- (b)Division (b)
- 21.A.180Inspections
- 21.A.181Duration and continued validity
- 21.A.182Aircraft identification
- NOISE CERTIFICATES
- 21.A.201Scope
- 21.A.203Eligibility
- Application
- (a)Division (a)
- (b)Each application shall include:
- (c)Division (c)
- 21.A.207Amendment or modification
- 21.A.209Transferability and re-issuance ...
- 21.A.210Inspections
- 21.A.211Duration and continued validity
- DESIGN ORGANISATION APPROVAL
- 21.A.231Scope
- 21.A.233Eligibility
- 21.A.234Application
- 21.A.235Issue of design organisation approval
- 21.A.239Design management system
- 21.A.24321.A.243 Handbook
- 21.A.245Resources
- 21.A.247Changes in design management system
- 21.A.249Transferability
- 21.A.251Terms of approval
- 21.A.253Changes to the terms of approval
- Investigations
- . . . . . . . . . . . . . . . . . . . . . . . . . Division . . . . . . . . . . . . . . . . . . . . . . . . .
- Division
- 21.A.258Findings and observations
- 21.A.259Duration and continued validity
- 21.A.263Privileges
- 21.A.265Obligations of the holder
- PARTS AND APPLIANCES
- 21.A.301Scope
- 21.A.303Compliance with applicable requirements
- 21.A.305Approval of parts and appliances
- 21.A.307The eligibility of parts and appliances for installation
- (SUBPART L — NOT APPLICABLE)
- REPAIRS
- Scope
- (a)Division (a)
- (b)Division (b)
- (c)Division (c)
- (d)Division (d)
- (e)Division (e)
- (f)Division (f)
- Standard repairs
- (a)Standard repairs are repairs:
- (b)Division (b)
- Eligibility
- (a)Division (a)
- (b)Division (b)
- Demonstration of capability
- (a)Division (a)
- (b)Division (b)
- (c)Division (c)
- 21.A.432CApplication for a repair design approval
- 21.A.433Requirements for approval of a repair design
- 21.A.435Classification and approval of repair designs
- 21.A.437Issue of a repair design approval Repealed
- 21.A.439Production of repair parts
- Repair embodiment
- (a)Division (a)
- (b)Division (b)
- 21.A.443Limitations
- Unrepaired damage
- (a)When a damaged product, part or appliance, is left unrepaired, and is not covered by previously approved data, the evaluation of the damage for its airworthiness consequences may only be made:
- (b)Division (b)
- 21.A.447Record-keeping
- Instructions for continued airworthiness
- Division
- 21.A.451Obligations and UKPA marking
- (SUBPART N — NOT APPLICABLE)
- UNITED KINGDOM TECHNICAL STANDARD ORDER AUTHORISATIONS
- 21.A.601Scope
- 21.A.602AEligibility
- 21.A.602BDemonstration of capability
- Application
- (a)Division (a)
- (b)Division (b)
- 21.A.604UKTSO authorisation for an auxiliary power unit (APU)
- 21.A.605Data requirements
- 21.A.606Requirements for the issuance of an UKTSO authorisation
- 21.A.607UKTSO authorisation privileges
- Declaration of Design and Performance (DDP)
- (a)The DDP shall contain at least the following information:
- (b)Division (b)
- 21.A.609Obligations of holders of UKTSO authorisations
- Approval for deviation
- (a)Division (a)
- (b)Division (b)
- Design changes
- (a)Division (a)
- (b)Division (b)
- (c)Division (c)
- 21.A.613Record-keeping
- 21.A.615Inspection by the CAA
- 21.A.619Duration and continued validity
- 21.A.621Transferability
- PERMIT TO FLY
- Scope
- (a)Permits to fly shall be issued in accordance with this Subpart to aircraft that do not meet, or have not been shown to meet, applicable airworthiness requirements but are capable of safe flight under defined conditions and for the following purposes:
- (b)Division (b)
- Eligibility
- (a)Division (a)
- (b)Division (b)
- 21.A.705Competent authority
- Application for permit to fly
- (a)Division (a)
- (b)Each application for a permit to fly shall include:
- (c)Division (c)
- 21.A.708Flight conditions
- Application for approval of flight conditions
- (a)Pursuant to point 21.A.707(c) and when the applicant has not been granted the privilege to approve the flight conditions, an application for approval of the flight conditions shall be made:
- (b)Each application for approval of the flight conditions shall include:
- Approval of flight conditions
- (a)When approval of the flight conditions is related to the safety of the design, the flight conditions shall be approved by:
- (b)Division (b)
- (c)Division (c)
- Issue of a permit to fly
- (a)Division (a)
- (b)Division (b)
- (c)Division (c)
- (d)Division (d)
- (e)Division (e)
- (f)Division (f)
- (g)Division (g)
- Changes
- (a)Division (a)
- (b)Division (b)
- 21.A.715Language
- Transferability
- (a)Division (a)
- (b)Division (b)
- 21.A.721Inspections
- 21.A.723Duration and continued validity
- 21.A.725Renewal of permit to fly
- 21.A.727Obligations of the holder of a permit to fly
- 21.A.729Record-keeping
- IDENTIFICATION OF PRODUCTS, PARTS AND APPLIANCES
- Identification of products
- (a)The identification of products shall include the following information:
- (b)Division (b)
- (c)Division (c)
- (d)Division (d)
- Handling of identification data
- (a)Division (a)
- (b)Division (b)
- (c)By way of derogation from points (a) and (b), any natural or legal person performing maintenance work under the applicable associated implementing rules may, in accordance with methods, techniques and practices established by the CAA:
- (d)Division (d)
- 21.A.804Identification of parts and appliances
- 21.A.805Identification of critical parts
- Identification of UKTSO articles
- (a)Each holder of an UKTSO authorisation under Subpart O shall permanently and legibly mark each article with the following information:
- (b)Division (b)
- (c)Division (c)
- PROCEDURES FOR THE CAA
- GENERAL PROVISIONS
- 21.B.5Scope
- 21.B.6Immediate reaction to a safety problem
- 21.B.20Obligations of the competent authority
- 21.B.25Management system
- 21.B.30Allocation of tasks to qualified entities
- 21.B.35Changes in the management system
- Resolution of disputes
- Division
- Reporting/coordination
- Division
- 21.B.55Record keeping
- 21.B.60Airworthiness directives
- 21.B.65Suspension, limitation and revocation
- TYPE-CERTIFICATES AND RESTRICTED TYPE-CERTIFICATES
- 21.B.70Certification specifications
- 21.B.75Special conditions
- 21.B.80Type-certification basis for a type-certificate or restricted type-certificate
- 21.B.82Operational suitability data certification basis for an aircraft type-certificate or restricted type-certificate
- 21.B.85Designation of applicable environmental protection requirements and certification specifications for a type-certificate or restricted type-certificate
- 21.B.100Level of involvement
- 21.B.103Issuance of a type-certificate or restricted type-certificate
- (SUBPART C — NOT APPLICABLE)
- SUBPART D —CHANGES TO TYPE-CERTIFICATES AND RESTRICTED TYPE-CERTIFICATES
- 21.B.105Type-certification basis, environmental protection requirements and operational suitability data certification basis for a major change to a type-certificate
- 21.B.107Issuance of an approval of a change to a type-certificate
- SUBPART E —SUPPLEMENTAL TYPE-CERTIFICATES
- 21.B.109Type-certification basis, environmental protection requirements and operational suitability data certification basis for a supplemental type-certificate
- 21.B.111Issuance of a supplemental type-certificate
- 21.B.115Division 21.B.115
- PRODUCTION WITHOUT PRODUCTION ORGANISATION APPROVAL
- 21.B.120Initial certification procedure
- 21.B.125Findings and corrective actions; observations
- 21.B.130Issue of letter of agreement
- 21.B.135Maintenance of the letter of agreement
- 21.B.140Amendment of a letter of agreement
- 21.B.145Limitation, suspension and revocation of a letter of agreement
- 21.B.150Record-keeping
- 21.B.215Means of compliance
- PRODUCTION ORGANISATION APPROVAL
- 21.B.220Initial certification procedure
- 21.B.221Oversight principles
- 21.B.222Oversight programme
- 21.B.225Findings and corrective actions; observations
- 21.B.230Issue of certificate
- 21.B.235Continued surveillance
- 21.B.240Changes in the production management system
- 21.B.245Suspension and revocation of a production organisation approval
- 21.B.260Record-keeping
- 21.B.265Means of compliance
- CERTIFICATES OF AIRWORTHINESS AND RESTRICTED CERTIFICATES OF AIRWORTHINESS
- 21.B.320Investigation
- 21.B.325Issue of airworthiness certificate
- 21.B.326Certificate of airworthiness
- 21.B.327Restricted certificate of airworthiness
- 21.B.330Suspension and revocation of certificates of airworthiness and restricted certificates of airworthiness
- 21.B.345Record-keeping
- NOISE CERTIFICATES
- 21.B.420Investigation
- 21.B.425Issue of noise certificates
- 21.B.430Suspension and revocation of a noise certificate
- 21.B.445Record-keeping
- DESIGN ORGANISATION APPROVAL
- 21.B.430Initial certification procedure
- 21.B.431Oversight principles
- 21.B.432Oversight programme
- 21.B.433Findings and corrective actions; observations
- 21B.435Changes in the design management system
- SUBPART K —PARTS AND APPLIANCES
- (SUBPART L — NOT APPLICABLE)
- REPAIRS
- 21.B.450Type-certification basis and environmental protection requirements for a repair design approval
- 21.B.453Issuance of a repair design approval
- (SUBPART N — NOT APPLICABLE)
- UNITED KINGDOM TECHNICAL STANDARD ORDER AUTHORISATIONS
- 21.B.48021.B.480 Issuance of a UKTSO authorisation
- PERMIT TO FLY
- 21.B.520Investigation
- 21.B.525Issue of permits to fly
- 21.B.530Revocation of permits to fly
- 21.B.545Record-keeping
- SUBPART Q —IDENTIFICATION OF PRODUCTS, PARTS AND APPLIANCES
- AppendicesAppendix Appendices
- IAppendix I
- IIAppendix II
- IIIAppendix III
- IVAppendix IV
- VAppendix V
- VIAppendix VI
- VIIAppendix VII
- VIIIAppendix VIII
- IXAppendix IX
- XAppendix X
- XIAppendix XI
- XIIAppendix XII
- Annex IIAnnex II
- Annex IIIAnnex III